Section 40 — Resource Management Act 1991: Persons who may be heard at a hearing

40 Persons who may be heard at a hearing (1) At any hearing described in section 39 , the applicant, and every person who has made a submission and stated that they wished to be heard at the hearing, may speak (either personally or through a representative) and call evidence. (2) Notwithstanding subsection (1) , the authority may, if it considers that there is likely to be excessive repetition, limit the circumstances in which parties having the same interest in a matter may speak or call evidence in support. (3) If— (a) The applicant; or (b) Any person who made a submission and stated they wished to be heard at any such hearing— fails to appear at the hearing, the consent authority may nevertheless proceed with the hearing, if it considers it fair and reasonable to do so. Subsection (3) was inserted, as from 7 July 1993, by section 28 Resource Management Amendment Act 1993 (1993 No 65).